HomeMy WebLinkAbout07-269 - Resolutions RESOLUTION NO. 07-269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING AN APPEAL AND
UPHOLDING THE PLANNING COMMISSION DECISION TOAPPROVE
DEVELOPMENT REVIEW DRC2006-00540, THE DESIGN REVIEW
FOR 225 WORKFORCE APARTMENT UNITS AND A COMMUNITY
BUILDING ON 12.87 ACRES OF LAND IN THE MEDIUM
RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE),
LOCATED AT 13233 FOOTHILL BOULEVARD, IN THE AREA
BETWEEN THE ETIWANDA SAN SEVAINE FLOOD CONTROL
CHANNEL ON THE EAST, AND THE SOUTHERN CALIFORNIA
EDISON TRANSMISSION CORRIDOR ON THE WEST; AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 0229-041-10
A. RECITALS.
1. Pete Pitassi Architects, on behalf of Northtown Housing Development
Corporation, filed an application for Development Review DRC2006-00540,the
design review of 225 workforce apartment units and a community building, as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review request is referred to as "the application." The
application was submitted on June 20, 2006 and deemed complete on January
22, 2007.
2. An Initial Study and Notice of Intent to adopt a Mitigated Negative Declaration of
environmental impacts was prepared and circulated on July 2, 2007 in
accordance with the California Environmental Quality Act(CEQA) and the City's
local CEQA Guidelines.
3. On July 25, 2007, the Planning Commission of the City of Rancho Cucamonga
held a duly noticed public hearing to consider the application. The Planning
Commission unanimously approved said Development Review through the
adoption of their Resolution No. 07-47 and found that the original Mitigated
Negative Declaration was adequate. At the same hearing, the related Density
Bonus Agreement DRC2007-00119 was reviewed by the Planning Commission
and their Resolution No. 07-46 was unanimously adopted recommending
approval by the City Council.
4. On August 6, 2007, a timely appeal was received on the project approvals and
recommendations made by the Planning Commission.
5. Following the appeal, staff determined that additional analysis of potential air
quality and traffic impacts was appropriate based upon comments received from
the South Coast Air Quality Management District on July 25, 2007 and issue
raise in the appeal. Thereafter, LSA Associates was commissioned to prepare
two additional studies related to air quality and traffic. A revised Initial Study was
prepared and then circulated on October 29, 2007, which incorporated the
findings of the two new studies. Staff reviewed the findings of the studies and
Resolution No. 07-269
Page 2 of 17
determined that, with the additional analysis and with revised mitigation
measures,there was no substantial evidence of a significant impact to air quality
or traffic as determined in the original Initial Study circulated for the project.
Further, based on the information contained in the staff report forthis item and in
the revised and re-circulated Initial Study and proposed Mitigated Negative
Declaration, the mitigation measures contained in the re-circulated Initial Study,
Mitigated Negative Declaration and Mitigation Monitoring Program, are more
effective in mitigating or avoiding potential significant effects than the measures
contained in the original Initial Study.
6. On December 5, 2007, the City Council held a duly noticed public hearing on the
application and concluded said hearing on that date.
7. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW,THEREFORE,it is hereby found,determined, and resolved by the City Council
of the City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the
above-referenced public hearing on December 5, 2007, including written and oral
staff reports, this Council hereby specifically finds as follows:
a. The application applies to approximately 12.87 acres of land located on the
south side of Foothill Boulevard near the City's eastern border with the City of
Fontana/Unincorporated San Bernardino County. More specifically, the
property is situated between the existing Etiwanda San Sevaine Flood
Control Channel on the east and the Southern California Edison Corridor on
the west; and
b. The properties to the north are undeveloped commercial properties and the
Southern California Edison (SCE) utility corridor in the General Commercial
and Open Space zone, and to the south is undeveloped land in the Low-
Medium Residential (4-8 dwelling units per acre) District of the Etiwanda
Specific Plan. On the east side of the site is the San Sevaine Flood Control
Channel and single-family residential uses in the City of Fontana. To the
immediate west are SCE Transmission Lines in the Open Space zone and
further west is a single-family residential tract in the Low Density Residential
(2-4 dwelling units per acre) District; and
c. The applicant proposes the development of 225 workforce apartment units
and a community recreational building center. The project also provides on-
site parking and recreational amenities including a swimming pool, half
basketball court, tot-lot, picnic tables and BBQ grilles, and large lawn areas
for open play; and
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d. The project design complies with the development standards of the Medium
Residential District as modified by the proposed Density Bonus Agreement
(also referred as Housing Incentive Agreement) as described therein,
requesting a 25 percent density bonus and modifications to the specific
development building setback/separation standards; and
e. The design of the new units is a contemporary interpretation of the Tuscan
architectural style. The exterior design elements for the new apartment units
include fully tiled roofs, trimmed out windows and door openings, and walls
clad in stucco and accented with fully grouted faux stone veneer typically
associated with the proposed style. Moreover, landscaping and recreational
amenities are well distributed around the site.
3. Based upon the substantial evidence presented to this Council during the
above-referenced meeting and upon the specific findings of facts set forth in
Paragraphs 1 and 2 above, this Commission hereby specifically finds and
concludes as follows:
a. The proposed project is consistent with the General Plan in that the multi-
family development is consistent with the Medium Residential land use
designation for the site. In addition, the approval of the related Density
Bonus Agreement will further implement a specific objective of the General
Plan Housing Element to provide affordable housing units for all economic
segments of the community including low to moderate income households;
and
b. The proposed use is in accord with the objectives of the Development Code
and the purposes of the district in which the site is located. The proposed
multi-family residential use is a permitted use within the underlying Medium
Residential zoning designation for the site, and requiring only design review
and approval. Further, the project is consistent with Affordable Housing
Incentive/Density Provisions section of the Development Code that allows
applicants to request a density bonus (25 percent requested) and
development incentives (3 incentives requested)to facilitate the construction
of affordable housing units within the City as mandated by State law; and
c. The proposed use is in compliance with each applicable provisions of the
Development Code. The site plan, architecture, and on-site improvements
are consistent with the development standards and design guidelines as
provided in the Development Code for multi-family residential development,
including density, building height, setbacks, provision of on-site recreational
amenities, and parking, except as modified for setback and building
separation standards as specified in the Density Bonus Agreement.
Moreover, the architecture for the project is well done and features high
quality details and exterior materials such as fully tiled roofs, trimmed out
windows and door openings, and walls clad in stucco and accented with fully
grouted faux stone veneer. Moreover, landscaping and recreational
amenities are well distributed throughout the site as described in the staff
reports for the project and depicted on plans reviewed by the Design Review
Committee and approved by the Planning Commission; and
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d. That the proposed design of the related project, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
The project includes numerous site improvements and required
improvements to the public right of way adjacent to the site, including
installation of full street improvements and center median along Foothill
Boulevard and a new traffic signal at East Avenue and Foothill Boulevard.
The development of the site as proposed at this location will contribute to,
and tie in with, other physical improvements (e.g., storm drains and roadway
improvements) in the area that are currently underway or anticipated in the
near future.
4. Based upon the facts and information contained in the proposed Mitigated
Negative Declaration, together with all written and oral reports included for the
environmental assessment forthe application, the City Council finds thatthere is
no substantial evidence that the project will have a significant adverse effect
upon the environment and adopts a Mitigated Negative Declaration and
Mitigated Monitoring Program attached hereto, and incorporated herein by this
reference, based upon the findings as follows:
a. Pursuant to the California Environmental Quality Act("CEQA") and the City's
local CEQA Guidelines, City staff prepared an Initial Study of the potential
environmental effects of the project. Based on the findings contained in that
Initial Study, City staff determined that, with the imposition of mitigation
measures, there would be no substantial evidence that the project would
have a significant effect on the environment. Based on that determination, a
Mitigated Negative Declaration was prepared. Thereafter, City staff provided
public notice of the public comment period and of the intent to adopt the
Mitigated Negative Declaration.
b. Following the filing of a timely appeal, City staff determined that additional
analysis of potential air quality and traffic impacts was appropriate based on
comments received from South Coast Air Quality Management District
(SCAQMD). A revised initial study was prepared and circulated which
incorporated the findings of the two new studies prepared by LSA
Associates. Staff reviewed the findings of the studies and determined that,
with the additional analysis and with revised mitigation measures, there was
no substantial evidence of a significant impact to air quality or traffic as
determined in the original Initial Study circulated for the project. Further,
based on the information contained in the staff report for this item and in the
revised and re-circulated Initial Study and proposed Mitigated Negative
Declaration, the mitigation measures contained in the re-circulated Initial
Study, Mitigated Negative Declaration and Mitigation Monitoring Program,
are more effective in mitigating or avoiding potential significant effects than
the measures contained in the original Initial Study.
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c. The City Council has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based
on the whole record before it, finds: (i) that the Mitigated Negative
Declaration was prepared in compliance with CEQA; and (ii) that, based on
the imposition of mitigation measures, there is no substantial evidence that
the project will have a significant effect on the environment. The City Council
further finds that the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council. Based on these findings,the City
Council hereby adopts the Mitigated Negative Declaration.
d. The City Council has also reviewed and considered the Mitigation Monitoring
Program for the project that has been prepared pursuant to the requirements
of Public Resources Code Section 21081.6 and finds that such Program is
designed to ensure compliance with the mitigation measures during project
implementation. The City Council therefore adopts the Mitigation Monitoring
Program for the project.
e. The City Council further finds, based on the information contained in the staff
report for this item and in the revised and re-circulated Initial Study and
proposed Mitigated Negative Declaration, that the mitigation measures
contained in the re-circulated Initial Study, Mitigated Negative Declaration
and Mitigation Monitoring Program, are more effective in mitigating or
avoiding potential significant effects than the measures contained in the
original Initial Study, and that those modified mitigation measures will not
cause any potentially significant effect on the environment.
f. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program, and all other materials which constitute the
record of proceedings upon which the City Council's decision is based is the
Planning Director of the City of Rancho Cucamonga. Those documents are
available for public review in the Planning Department of the City of Rancho
Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga,
California 91730, telephone (909) 477-2750.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4
above, the City Council hereby denies the appeal and approves the application
subject to each and every condition set forth below and in the Standard
Conditions, attached hereto and incorporated herein by this reference:
Planning Department
1) This approval is for the site plan, exterior building design, and
landscaping for a 225-unit workforce apartment community and
associated site improvements as described in this report and
depicted on approved plans on file with the Planning Department.
Final approval for the project shall be contingent upon subsequent
City Council approval and execution of the Density Bonus Agreement
(DRC2007-00119).
Resolution No. 07-269
Page 6 of 17
2) If the Density Bonus Agreement is approved by the City Council, all
plans submitted for plan check shall conform to plans approved by
the Design Review Committee on March 6, 2007, and the Planning
Commission on July 25, 2007.
3) No exterior changes to the design of the project, including exterior
materials, shall be permitted without prior City review and approval.
4) The design and height of decorative metal fences, gates, railings,
and perimeter walls shall be submitted for final Planning Director
review and approval during plan check. All decorative exterior metal
elements shall be finished with high quality powder coat paint and
properly maintained by the property owner in good condition at all
times thereafter.
5) Primary daily pedestrian and vehicle access to the site shall be only
from Foothill Boulevard via the main entry gate nearest the
Community Building. The use of the access gate on Foothill
Boulevard at the western end of the project shall be limited only to
residents exiting the site and for emergency vehicles/responders
ingress and egress.
6) On-site structures (e.g., buildings, carports, fences, walls, gates,
exterior lights, recreation equipment, etc.) and facilities (including
parking lots) within the complex shall be maintained in good and
presentable condition at all times. Any damaged areas shall be
promptly repaired and restored to original condition/appearance to
the greatest extent possible. All graffiti shall be promptly removed
when discovered by on-site management or as notified by the City of
Rancho Cucamonga.
Engineering Department
1) Foothill Boulevard frontage improvements are to be in accordance
with City "Major Divided Highway" standards starting from Cornwall
Avenue up to easterly project boundary as required and including:
a) Provide curb and gutter, curvilinear sidewalk, street trees
(along development frontage only), 9500 Lumens HPSV
street lights, drive approaches, R26(s) "No Stopping" signs
and asphalt pavement, as required.
b) Provide a deceleration/right-turn lane for the main entrance
d riveway.
c) Proposed gated entrance is to be in accordance with City's
"Residential Project Gated Entrance Design Guide"standard.
Resolution No. 07-269
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d) Revise traffic signing and striping, as required.
e) Left-turn lane for eastbound Foothill Boulevard at East
Avenue shall have a 250-foot pocket length.
f) Provide pavement transitions as needed per City Standards.
g) The drive approach on the Exit Access only shall be 35 feet
wide, per City Standard 101, Type C.
h) The developer may request a reimbursement agreement to
recover cost for the construction of improvements from future
development as it occurs from the south side of the street. If
the developer fails to submit said reimbursement agreement
within six months of the improvements being accepted by the
City, all rights of the developer to reimbursement shall
terminate.
i) For those improvements specified above that are outside the
development frontage and require right-of-way from other
properties, this development shall make a good faith effort to
obtain the necessary right-of-way. If the property owner is
unwilling to grant the right-of-way,then this development shall
not be obligated to install the listed improvements.
Appropriate transitions within the existing right-of-way will be
required.
2) Construct Foothill Boulevard median island including landscaping
and irrigation from Cornwall Avenue to East Avenue per City
Standards, to the satisfaction of the City Engineer. The developer
may request a reimbursement agreement to recover one-half the City
adopted cost for the construction of the median island from future
development as it occurs from both sides of the street. If the
developer fails to submit said reimbursement agreement within six
months of the median improvements being accepted by the City, all
rights of the developer to reimbursement shall terminate.
3) The Foothill Boulevard frontage shall be designed in accordance with
the City adopted Foothill Boulevard Historic Route 66 Visual
Improvement Plan including street lights. This designates a
"Suburban Parkway Enhancement Area"featuring colored pavement
emblazoned with the Route 66 logo, special sidewalk treatment,
artwork and a historic post and a cable roadway safety barrier. Said
enhancement within the parkway area shall be maintained by the
developer and shall be included in the Covenants, Conditions, and
Restrictions (CC&Rs).
a) This designates also the installation of the Entry Monument
depicted as Exhibits C and E of the Visual Improvement Plan.
Resolution No. 07-269
Page 8 of 17
4) An in-lieu fee as contribution to the future undergrounding of the
existing overhead utilities (telecommunications and electrical, except
for the 66KV electrical) on the opposite side of Foothill Boulevard
shall be paid to the City prior to final map approval or building permit,
whichever comes first. The fee shall be one-half the City adopted
unit amount times the length of the project frontage.
5) The development proposes to drain via underground storm drain
facilities to the eastern boundary of the project at the junction of City
Master Plan Line 9 and the Etiwanda/San Sevaine Channel. The
San Bernardino County Flood Control District(SBCFCD) is currently
constructing the Etiwanda/San Sevaine Channel Project and is
anticipating completion in December 2008. The proposed project
cannot develop until the SBCFCD is completed or authorization from
SBCFCD is obtained. In addition, the project will require completion
of the portion of City Master Plan Storm Drain Line 9 from its existing
terminus at the northwest corner of the project site easterly in Foothill
Boulevard and southerly in the SBCFCD right-of-way to connect to
the existing 120-inch diameter storm drain connection in the
Etiwanda/San Sevaine Channel approximately 500 feet south of
Foothill Boulevard.
a) Drainage fees for the site shall be credited to the cost of
permanent master plan facilities, in accordance with City
policy. The developer may request a reimbursement
agreement to recover oversizing costs, in excess of fees,
from future development within the same tributary area. If the
developer fails to submit for said reimbursement agreement
within 6 months of the public improvements being accepted
by the City, all rights of the developer to reimbursement shall
terminate.
6) Trees are prohibited within 5 feet of the outside diameter of the
proposed 120-inch storm drain on the south side of Foothill
Boulevard.
7) Prior to grading permit issuance, Best Management Practices
(BMPs) identified in the Water Quality Management Plan (WQMP)
shall be shown on the Grading Plan.
8) Maintenance of BMPs identified in the WQMP shall be addressed in
the project CC&Rs.
9) Prior to occupancy of any residential units in the proposed
development, the developer shall install a traffic signal and minimal
necessary street improvements related to the traffic signal at the
intersection of East Avenue and Foothill Boulevard.
Resolution No. 07-269
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Rancho Cucamonga has listed this intersection as a transportation
City benefit and therefore, installation of permanent improvements
are eligible for transportation fee credit/reimbursement from the City's
transportation backbone account. Submittal of a request for
reimbursement shall be made within 6 months of public improvement
acceptance by the City Council or rights to reimbursement shall be
waived.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per manufacturers' specifications. Maintenance
records shall be available at the construction site for City verification.
2) Prior to the issuance of any Grading Permits, the developer shall
submit construction plans to City denoting the proposed schedule
and projected equipment use. Construction contractors shall provide
evidence that low-emission mobile construction equipment will be
utilized, or that their use was investigated and found to be infeasible
for the project. The contractors shall also conform to any
construction measures imposed by the South Coast Air Quality
Management District (SCAQMD) as well as City Planning Staff.
3) All paints and coatings shall meet or exceed performance standards
noted in SCAQMD Rule 1113. Paints and coatings shall be applied
either by hand or high volume, low-pressure spray, or by using pre-
coated/natural-colored building materials,water-based or low volatile
organic compound (VOC) coating, and coating transfer or spray
equipment with high transfer efficiency.
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402
and 403. Additionally, contractors shall include the following
provisions:
• Water active sites at least twice daily (locations where
grading is to occur will be thoroughly watered prior to
earthmoving).
• Re-vegetate disturbed areas as quickly as possible.
• Pave construction access roads at least 100 feet onto the site
from the main road.
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Page 10 of 17
• Pave, water, or chemically stabilize all on-site roads as soon
as feasible.
• Install wheel washers where vehicles enter and exit unpaved
roads on to paved roads, or wash trucks and any equipment
leaving the site.
• Reduce traffic speeds on all unpaved roads to 15 mph or
less.
• Cover all trucks hauling dirt, sand, soil, or other loose
materials, or maintain at least two feet of freeboard (vertical
space between the top of the load and top of the trailer) in
accordance with the requirements of the California Vehicle
Code (CVC) Section 23114.
• Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.
• Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with
local ordinances and use sound engineering practices.
• Sweep all streets once per day if visible soil materials are
carried to adjacent streets (recommended water sweepers
using reclaimed water).
• Suspend excavation and grading operations during high
winds (i.e., wind speeds exceeding 25 mph) in accordance
with Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul
trucks or cover payloads using tarps or other suitable means.
• Minimize at all times the area disturbed by clearing, grading,
earthmoving, or excavation operations.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control Board
[RWQCB]) daily to reduce PM10 emissions, in accordance with
SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM10 emissions.
Resolution No. 07-269
Page 11 of 17
8) The construction contractor shall select the construction equipment
used on site based on low-emission factors and high energy
efficiency. The construction contractor shall ensure that construction
grading plans include a statement that all construction equipment will
be tuned and maintained in accordance with the manufacturer's
specification.
9) The construction contractor shall utilize electric or clean alternative
fuel-powered equipment in lieu of gasoline-or-diesel-powered
engines where feasible.
10)The construction contractor shall ensure that construction-Grading
Plans include a statement that work crews will shut off equipment
when not in use. During smog season (May through October), the
overall length of the construction period will be extended, thereby
decreasing the size of the area prepared each day, to minimize
vehicles and equipment operating at the same time.
11)The construction contractor shall time the construction activities so
as to not interfere with peak-hour traffic and minimize obstruction of
through lanes adjacent to the site, if necessary, a flag person shall be
retained to maintain safety adjacent to existing roadways.
12)The construction contractor shall support and encourage ridesharing
and transit incentives for the construction crew.
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13)AII residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
14)AII residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
Biology
1) Prior to the removal of any Riversidean Alluvial Fan Sage Scrub
(RAFSS) habitat from the site, the applicant shall submit evidence of
compliance with the requirements of California Department of Fish
and Game (CDFG) including approved mitigation for the removal the
extant RAFSS habitat from the site.
2) Prior to any on-site grading/construction activity on-site
grading/construction, the applicant shall perform a pre-construction
nest survey to determine whether active Burrowing owl nests are
present. The study shall be performed no more than 30-days prior to
construction activity and be made available to the Planning Director
for City verification.
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Page 12 of 17
3) Prior to the issuance of grading and building permits for the project,
the applicant shall submit evidence of compliance with the
requirements of California Department of Fish and Game (CDFG)
and Regional Water Quality Control Board, for the removal and/or
alteration of on-site riparian habitat within the jurisdiction of the
abovementioned resource agency.
4) Prior to the issuance of grading and building permits for the project,
the applicant shall submit evidence of compliance with the
requirements of the Army Corps of Engineers (ACOE), for the
removal and/or alteration of on-site wetland waters.
5) Prior to the removal of any on-site heritage trees as define by the
Rancho Cucamonga Tree Preservation Ordinance, the applicant
shall apply for and comply with the provisions of said Ordinance
including approval of a Tree Removal Permit.
6) Prior to any on-site grading/construction activity or the removal of
trees for which a Tree Removal Permit has been issued, the
applicant shall perform a pre-construction tree/nest survey to
determine whether active bird nests are present. Study shall be
performed no more than 30-days prior to construction activity and be
made available to the Planning Director for City verification.
7) Prior to any on-site grading/construction activity on-site
grading/construction, the applicant shall perform a pre-construction
nest survey to determine whether active Burrowing Owl nests are
present. Study shall be performed no more than 30-days prior to
construction activity and be made available to the Planning Director
for City verification.
Cultural Resources
1) Prior to issuance of grading permit, the developer shall retain a
qualified archeologist to prepare an archeological resource
assessment. If any prehistoric archaeological resources are
encountered before or during grading, the developer will retain a
qualified archaeologist to monitor construction activities, to take
appropriate measures to protect or preserve them for study. With the
assistance of the archaeologist, the City of Rancho Cucamonga will:
• Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity
for the City to establish its archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their
special qualities as a theme or focal point.
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Page 13 of 17
• Pursue educating the public about the archaeological
heritage of the area.
• Propose mitigation measures and recommend conditions of
approval to eliminate adverse project effects on significant,
important, and unique prehistoric resources, following
appropriate CEQA guidelines.
• Prepare a technical resources management report,
documenting the inventory, evaluation, and proposed
mitigation of resources within the project area. Submit one
copy of the completed report with original illustrations, to the
San Bernardino County Archaeological Information Centerfor
permanent archiving.
2) Prior to issuance of Grading Permit, the developer shall retain a
qualified paleontologist archeologist to prepare a paleontological
resource assessment. If any paleontological resource (i.e. plant or
animal fossils) are encountered before or during grading, the
developer will retain a qualified paleontologist to monitor construction
activities, to take appropriate measures to protect or preserve them
for study. The paleontologist shall submit a report of findings that will
also provide specific recommendations regarding further mitigation
measures (i.e., paleontological monitoring)that may be appropriate.
Where mitigation monitoring is appropriate, the program must
include, but not be limited to, the following measures:
• Assign a paleontological monitor, trained and equipped to.
allow the rapid removal of fossils with minimal construction
delay, to the site full-time during the interval of earth-
disturbing activities.
• Should fossils be found within an area being cleared or
graded, divert earth-disturbing activities elsewhere until the
monitor has completed salvage. If construction personnel
make the discovery, the grading contractor should
immediately divert construction and notify the monitor of the
find.
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County
Museum).
• Submit summary report to City of Rancho Cucamonga.
Transfer collected specimens with a copy of the report to San
Bernardino County Museum.
Resolution No. 07-269
Page 14 of 17
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM10
emissions, in accordance with SCAQMD Rule 403 or replanted with
drought resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon the
time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM,o emissions from the site during such
episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)shall
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PM1p emissions.
Hydrology
1) Prior to issuance of Grading Permits, the permit applicant shall
submit to Building Official for approval, Storm Water Pollution
Prevention Plan (SWPPP) specifically identifying Best Management
Practices (BMPs) that shall be used on-site to reduce pollutants
during construction activities entering the storm drain system to the
maximum extent practical.
2) An Erosion Control Plan shall be prepared, included in the Grading
Plan, and implemented for the proposed project that identifies
specific measures to control on-site and off-site erosion from the time
ground disturbing activities are initiated through completion of
grading. This Erosion Control Plan shall include the following
measures at a minimum: a) Specify the timing of grading and
construction to minimize soil exposure to rainy periods experienced in
southern California, and b)An inspection and maintenance program
shall be included to ensure that any erosion which does occur either
on-site or off-site as a result of this project will be corrected through a
remediation or restoration program within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment from
the site when there is rainfall or other runoff.
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks to
control dust in order to prevent discharge of debris or sediment from
the site.
Resolution No. 07-269
Page 15 of 17
Post- Construction Operational:
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan (WQMP) prepared by Dan Guerra &
Associates (April 12, 2006) to reduce pollutants after construction
entering the storm drain system to the maximum extent practical.
6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to
ensure adequate coverage and stable growth. Plans for these areas,
including monitoring provisions for a minimum of two years, shall be
submitted to the City for review and approval prior to the issuance of
Grading Permits.
7) Prior to issuance of Building Permits, the applicant shall submitto the
City Engineer for approval of a Water Quality Management Plan
(WQMP), including a project description and identifying Best
Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WQMP shall identify the structural and non-
structural measures consistent with the Guidelines for New
Development and Redevelopment adopted by the City of Rancho
Cucamonga in June 2004.
8) Prior to issuance of grading or paving permits, applicant shall obtain
a Notice of Intent (NOI)to comply with obtaining coverage under the
National Pollutant Discharge Elimination System (NPDES) General
Construction Storm Water Permit from the State Water Resources
Control Board. Evidence that this has been obtained (i.e., a copy of
the Waste Discharger's Identification Number) shall be submitted to
the City Building Official for coverage under the NPDES General
Construction Permit.
Noise
1) Prior to issuance of Building Permits, the applicant shall submitto the
Planning Director and Building Official for review and approval,
building plans that demonstrate compliance with the noise
attenuation recommendations of the acoustical engineer as
contained in the Acoustical Analysis prepared by Gordon Bricken &
Associates (September 2006), and on file with the Planning
Department.
2) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday.
Resolution No. 07-269
Page 16 of 17
3) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the property line. Developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development Code Section
17.02.120. Monitoring at other times maybe required by the Building
Official. Said consultant shall report their findings to the Building
Official within 24 hours; however, if noise levels exceed the above
standards, then the consultant shall immediately notify the Building
Official. If noise levels exceed the above standards, then
construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
4) Any perimeter walls proposed with the project shall be constructed as
early as possible in first phase.
5) Haul truck deliveries shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday. Additionally, if heavy trucks
used for hauling would exceed 100 daily trips (counting both to and
from the construction site), then the developer shall prepare a noise
mitigation plan denoting any construction traffic haul routes. To the
extent feasible, the plan shall denote haul routes that do not pass
sensitive land uses or residential dwellings.
Transportation/Traffic
1) Prior to occupancy of any residential units in the proposed
development, the developer shall install a traffic signal and minimal
necessary street improvements related to the traffic signal at the
intersection of East Avenue and Foothill Boulevard. Rancho
Cucamonga has listed this intersection as a transportation City
benefit and therefore, installation of permanent improvements are
eligible for transportation fee credit/reimbursement from the City's
transportation backbone account. Submittal of a request for
reimbursement shall be made within 6 months of public improvement
acceptance by the City Council or rights to reimbursement shall be
waived.
6. The City Clerk of the City of Rancho Cucamonga is hereby directed to (a) certify
to the adoption of this of this Resolution, and (b) forthwith transmit a certified
return-receipt requested to Pete Pitassi Architects on behalf of Northtown
Housing Authority Corporation and Mr. Kenneth Van Horn at the addresses
identified in City records.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 07-269
Page 17 of 17
PASSED, APPROVED, AND ADOPTED this 51h day of December 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, Mayor
ATTEST:
ra J. Ada , CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held
on the 5`h day of December 2007.
Executed this 6`h day of December 2007, at Rancho Cucamonga, California.
Debra J. Adams C C, City Clerk